[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Rules and Regulations]
[Pages 63414-63416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30399]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[GA-41-9829a; FRL-6187-4]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants: Georgia

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The United States Environmental Protection Agency (EPA) is 
approving the section 111(d) Plan submitted by the Georgia Department 
of Natural Resources (DNR) for the State of Georgia on January 20, 
1998, for implementing and enforcing the Emissions Guidelines (EG) 
applicable to existing Municipal Solid Waste (MSW) Landfills.

DATES: This direct final rule is effective on January 12, 1999, without 
further notice, unless EPA receives adverse comment by December 14, 
1998. If EPA receives adverse comment, we will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: You should address comments on this action to Scott Martin, 
EPA Region 4, Air Planning Branch, 61 Forsyth Street, SW, Atlanta, 
Georgia 30303-3104.
    Copies of materials submitted to EPA may be examined during normal 
business hours at the following locations: EPA Region 4, Atlanta 
Federal Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303-3104; and 
at the Georgia Department of Natural Resources, Air Protection Branch, 
4244 International Parkway, Suite 120, Atlanta, Georgia 30354.

FOR FURTHER INFORMATION CONTACT: Scott Martin at (404) 562-9036 or 
Scott Davis at (404) 562-9127.

SUPPLEMENTARY INFORMATION:

I. Background

    Under section 111(d) of the Clean Air Act (Act), EPA has 
established procedures whereby States submit plans to control certain 
existing sources of ``designated pollutants.'' Designated pollutants 
are defined as pollutants for which a standard of performance for new 
sources applies under section 111, but which are not ``criteria 
pollutants'' (i.e., pollutants for which National Ambient Air Quality 
Standards (NAAQS) are set pursuant to sections 108 and 109 of the Act) 
or hazardous air pollutants (HAPs) regulated under section 112 of the 
Act. As required by section 111(d) of the Act, EPA established a 
process at 40 CFR part 60, subpart B, which States must follow in 
adopting and submitting a section 111(d) plan. Whenever EPA promulgates 
a new source performance standard (NSPS) that controls a designated 
pollutant, EPA establishes EG in accordance with 40 CFR 60.22 which 
contain information pertinent to the control of the designated 
pollutant from that NSPS source category (i.e., the ``designated 
facility'' as defined at 40 CFR 60.21(b)). Thus, a State, local, or 
tribal agency's section 111(d) plan for a designated facility must 
comply with the EG for that source category as well as 40 CFR part 60, 
subpart B.
    On March 12, 1996, EPA published EG for existing MSW landfills at 
40 CFR part 60, subpart Cc (40 CFR 60.30c through 60.36c) and NSPS for 
new MSW Landfills at 40 CFR part 60, subpart WWW (40 CFR 60.750 through 
60.759). (See 61 FR 9905-9944.) The pollutants regulated by the NSPS 
and EG are MSW landfill emissions, which contain a mixture of volatile 
organic compounds (VOCs), other organic compounds, methane, and HAPs. 
VOC emissions can contribute to ozone formation which can result in 
adverse effects to human health and vegetation. The health effects of 
HAPs include cancer, respiratory irritation, and damage to the nervous 
system. Methane emissions contribute to global climate change and can 
result in fires or explosions when they accumulate in structures on or 
off the landfill site. To determine whether control is required, 
nonmethane organic compounds (NMOCs) are measured as a surrogate for 
MSW landfill emissions. Thus, NMOC is considered the designated 
pollutant. The designated facility which is subject to the EG is each 
existing MSW landfill (as defined in 40 CFR 60.32c) for which 
construction, reconstruction or modification was commenced before May 
30, 1991.
    Pursuant to 40 CFR 60.23(a), States were required to either: (1) 
submit a plan for the control of the designated pollutant to which the 
EG applies; or (2) submit a negative declaration if there were no 
designated facilities in the State within nine months after publication 
of the EG (by December 12, 1996).
    EPA has been involved in litigation over the requirements of the 
MSW landfill EG and NSPS since the summer of 1996. On November 13, 
1997, EPA issued a notice of proposed settlement in National Solid 
Wastes Management Association v. Browner, et.al, No. 96-1152 (D.C. 
Cir), in accordance with section 113(g) of the Act. See 62 FR

[[Page 63415]]

60898. It is important to note that the proposed settlement does not 
vacate or void the existing MSW landfill EG or NSPS. Pursuant to the 
proposed settlement agreement, EPA published a direct final rulemaking 
on June 16, 1998, in which EPA is amending 40 CFR part 60, subparts Cc 
and WWW, to add clarifying language, make editorial amendments, and to 
correct typographical errors. See 63 FR 32743-32753, 32783-32784. EPA 
regulations at 40 CFR 60.23(a)(2) provide that a State has nine months 
to adopt and submit any necessary State Plan revisions after 
publication of a final revised emission guideline document. Thus, 
States are not yet required to submit State Plan revisions to address 
the June 16, 1998, direct final amendments to the EG. In addition, as 
stated in the June 16, 1998, preamble, the changes to 40 CFR part 60, 
subparts Cc and WWW, do not significantly modify the requirements of 
those subparts. See 63 FR 32744. Accordingly, the MSW landfill EG 
published on March 12, 1996, was used as a basis by EPA for review of 
section 111(d) Plan submittals.
    This action approves the section 111(d) Plan submitted by the 
Georgia DNR for the State of Georgia to implement and enforce subpart 
Cc.

II. Discussion

    The Georgia DNR submitted to EPA on January 20, 1998, the following 
in their section 111(d) Plan for implementing and enforcing the 
emission guidelines for existing MSW landfills in the State of Georgia: 
Legal Authority; Enforceable Mechanism; MSW Landfill Source and 
Emission Inventory; Emission Standards; Collection and Control System 
Design Plan Review Process; Compliance Schedule; Demonstration That the 
Public Had Adequate Notice and Opportunity to Submit Written Comments; 
Submittal of Progress Reports to EPA; Source Surveillance, Compliance 
Assurance and Enforcement; and applicable State of Georgia statutes and 
rules of the Georgia DNR.
    The approval of the Georgia State Plan is based on finding that: 
(1) the Georgia DNR provided adequate public notice of public hearings 
for the proposed rulemaking and State Plan which allows the Georgia DNR 
to implement and enforce the EG for MSW landfills; and (2) the Georgia 
DNR also demonstrated legal authority to adopt emission standards and 
compliance schedules applicable to the designated facilities; enforce 
applicable laws, regulations, standards and compliance schedules; seek 
injunctive relief; obtain information necessary to determine 
compliance; require recordkeeping; conduct inspections and tests; 
require the use of monitors; require emission reports of owners and 
operators; and make emission data publicly available.
    In section A of the Plan, the Georgia DNR cites the following 
references for the legal authority: State of Georgia Attorney General's 
Opinion Regarding State Authority to Operate the Title V Operating 
Permit Program; The Georgia Air Quality Act, sections 12-9-1 through 
12-9-25; The Rules of the Georgia Department of Natural Resources for 
Air Quality Control, Chapter 391-3-1; the Georgia Natural Resources 
Act; the Georgia Administrative Procedures Act; and the Official Code 
of Georgia Annotated. On the basis of the Attorney General's Opinion, 
the statutes, and rules of the State of Georgia, the State Plan is 
approved as being at least as protective as the Federal requirements 
for existing MSW landfills.
    In section C of the Plan, the Georgia DNR cites the enforceable 
mechanism for implementing the EG for existing MSW landfills. The 
enforceable mechanism is the state regulation adopted by the State of 
Georgia in Rule 391-3-1-.02(2)ggg, ``Municipal Solid Waste Landfills.'' 
The State's regulation meets the Federal requirements for an 
enforceable mechanism and is approved as being at least as protective 
as the Federal requirements contained in subpart Cc for existing MSW 
landfills.
    In section C of the Plan, the Georgia DNR cites all emission 
standards and limitations for the major pollutant categories related to 
the designated sites and facilities. These standards and limitations in 
the Georgia DNR's Rule 391-3-1-.02(2)ggg are approved as being at least 
as protective as the Federal requirements contained in Subpart Cc for 
existing MSW landfills.
    Section D of the Plan describes the process the Georgia DNR will 
utilize for the review of site-specific design plans for gas collection 
and control systems. The process outlined in the Plan meets the Federal 
requirements contained in subpart Cc for existing MSW landfills.
    In section E of the Plan, the Georgia DNR cites the compliance 
schedules adopted in Rule 391-3-1-.02(2)ggg for each existing MSW 
landfill to be in compliance within 30 months of the effective date of 
their implementing regulation (June 23, 1997). These compliance times 
for affected MSW landfills address the required compliance time lines 
of the EG. This portion of the Plan has been reviewed and approved as 
being at least as protective as Federal requirements for existing MSW 
landfills.
    In section B of the Plan, the Georgia DNR submitted a source and 
emission inventory of all designated pollutants for each MSW landfill 
in the State of Georgia. This portion of the Plan has been reviewed and 
approved as meeting the Federal requirements for existing MSW 
landfills.
    Section G of the Plan includes its legal authority to require 
owners and operators of designated facilities to maintain records and 
report to their Agency the nature and amount of emissions and any other 
information that may be necessary to enable their Agency to judge the 
compliance status of the facilities. The Georgia DNR also cites its 
legal authority to provide for periodic inspection and testing and 
provisions for making reports of MSW landfill emissions data, 
correlated with emission standards that apply, available to the general 
public. Georgia Rule 391-3-1-.02(2)ggg supports the requirements of 
monitoring, recordkeeping, reporting, and compliance assurance. These 
Georgia rules have been reviewed and approved as being at least as 
protective as Federal requirements for existing MSW landfills.
    Section G of the Plan, outlines how the Georgia DNR will provide 
progress reports of Plan implementation updates to the EPA on an annual 
basis. These progress reports will include the required items pursuant 
to 40 CFR part 60, subpart B. This portion of the Plan has been 
reviewed and approved as meeting the Federal requirement for Plan 
reporting.
    Consequently, EPA finds that the Georgia State Plan meets all of 
the requirements applicable to such plans in 40 CFR part 60, subparts B 
and Cc. The Georgia DNR did not, however, submit evidence of authority 
to regulate existing MSW landfills in Indian Country. Therefore, EPA is 
not approving this Plan as it relates to those sources.

III. Final Action

    Based on the rationale discussed above, EPA is approving the State 
of Georgia section 111(d) Plan, as submitted on January 20, 1998, for 
the control of landfill gas from existing MSW landfills, except for 
those existing MSW landfills located in Indian Country. As provided by 
40 CFR 60.28(c), any revisions to the Georgia State Plan or associated 
regulations will not be considered part of the applicable plan until 
submitted by the Georgia DNR in accordance with 40 CFR 60.28(a) or (b), 
as applicable, and until

[[Page 63416]]

approved by EPA in accordance with 40 CFR part 60, subpart B.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the revision 
should significant, material, and adverse comments be filed. This 
action will be effective January 12, 1999, unless by December 14, 1998, 
adverse or critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent notice that will 
withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective January 12, 1999.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under Executive Order 12866, entitled 
Regulatory Planning and Review.

B. Executive Order 13045

    This final rule is not subject to Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety 
Risks, because it is not an ``economically significant'' action under 
Executive Order 12866.

C. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    Pursuant to section 605(b) of the RFA I certify that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This Federal action approves pre-existing requirements under 
Federal, State, or Local law and imposes no new requirements on any 
entity affected by this rule, including small entities. Therefore, 
these amendments will not have a significant impact on a substantial 
number of small entities.

D. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

E. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

F. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 12, 1999. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Methane, Municipal 
solid waste landfills, Nonmethane organic compounds, Reporting and 
recordkeeping requirements.

    Dated: September 21, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    40 CFR part 62 of the Code of Federal Regulations is amended as 
follows:

PART 62--[AMENDED]

    1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401-7642

Subpart L--Georgia

    2. Section 62.2600 is amended by adding paragraphs (b)(5) and 
(c)(4) to read as follows:


Sec. 62.2600  Identification of plan.

* * * * *
    (b) * * *
    (5) State of Georgia Plan for Implementation of 40 CFR Part 60, 
Subpart Cc, For Existing Municipal Solid Waste Landfills, submitted on 
January 20, 1998, by the Georgia Department of Natural Resources.
    (c) * * *
    (4) Existing municipal solid waste landfills.
    3. Subpart L is amended by adding a new Sec. 62.2607 and a new 
undesignated center heading to read as follows:

Landfill Gas Emissions From Existing Municipal Solid Waste 
Landfills


Sec. 62.2607  Identification of sources.

    The plan applies to existing municipal solid waste landfills for 
which construction, reconstruction, or modification was commenced 
before May 30, 1991, that accepted waste at any time since November 8, 
1987, or that have additional capacity available for future waste 
deposition, as described in 40 CFR part 60, subpart Cc.

[FR Doc. 98-30399 Filed 11-12-98; 8:45 am]
BILLING CODE 6560-50-U